Corley v. Evans
Supreme Court of South Carolina
Before Jos. A. McCullough, special Judge, Richland, November, 1903. Action by R. H. Corley against M. A. Evans in magistrate court.
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Before Jos. A. McCullough, special Judge, Richland, November, 1903. Action by R. H. Corley against M. A. Evans in magistrate court. Erom Circuit order affirming judgment of magistrate, defendant appeals. , cites: Magistrate should have entertained counter-claim: 43 S. C., 63; 3 Brev., 407; Code of Proc., 71. Counter-claim proper here: 19 Ency., 730; Code of Proc., 170, 175, 189; 4 S. C., 48; 9 S. C., 582; 15 S. C., 458. cites: Counter-claim is interposed to defeat claim of plaintiff: 19 Ency. P. & P., 766; 83 N. C., 332; 43 S. C., 63; 10 S. C., 185; 26 S. C., 506; 37 S. C., 367.
1Opinion of the Court
The opinion of the' Court was delivered by
Mr. Justice; Woods.
The plaintiff, R. H. Corley, sued the defendant, M. A. Evans, in a magistrate’s court for a balance of $74 due on a note, $5 for services rendered and $3.50 for merchandise. The defendant, answering orally, alleged, “that there was only a conditional delivery of said note and no actual delivery; denies any indebtedness, and sets up as a counter-claim the unfinished work that was taken under contract, an amount in excess of $100, to wit: one house not built, valued at $85, and in addition, statement hereto attached.” The statement…
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